Attachment E - Requirements for Federally Assisted Construction Projects and Required Forms.pdf

REQUIREMENTS FOR

FEDERALLY ASSISTED

CONSTRUCTION

PROJECTS

BIDDER’S THAT DO NOT INCLUDE

COMPLETED CERTIFICATIONS

WILL BE DEEMEND NONRESPONSIVE.

Attachment "E"

REQUIREMENTS FOR FEDERALLY ASSISTED

CONSTRUCTION PROJECTS

This project is funded wholly (or in part) by the Community Development Block Grant Program.

Since this is a federally funded project, there are a number of federal requirements that must be followed, including the Davis-Bacon Act (DBA), the Contract Work Hours and Safety Standards Act (CWHSSA), the Copeland Act (Anti-Kickback Act), and the Fair Labor Standards Act (FLSA) and others.

The contractor is responsible for labor standards compliance of all subcontractors and lower-tier contractors and for ensuring that the Labor Standard Provisions for this project and the applicable wage decisions are included in all subcontractors and lower-tier contracts. In addition to complying with federal regulations, the contractor is also –required to attend a pre-construction meeting with the DeKalb County Community Development staff prior to starting construction.

Below are basic explanations of the relevant regulations, which the contract must comply. The following is a list of federal requirements which must be included in the Request for Proposals:

Fair Housing and Equal Opportunity

Title VI of the Civil Rights Act of 1964, As amended:

No person may be excluded from participation in, denied benefits of, or subjected to discrimination under any program or activity receiving Federal assistance on the basis of race, color or national origin. The regulations implementing the Title VI Civil Rights Act provisions for HUD programs are found in 24 CFR Part 1.

Age Discrimination Act of 1975, As Amended:

Prohibits age discrimination in programs receiving Federal financial assistance. Regulations may be found in 24 CFR Part 146.

Section 109 of Title I of the Housing and Community Development Act of 1974: Requires that no person shall be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity funded with CDBG funds on the basis of race, color, religion, national origin or sex.

Handicapped Accessibility

Americans with Disabilities Act:

The Act provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, state and local government services and telecommunications.

The Act also states that discrimination includes the failure to design and construct facilities that are accessible to and usable by persons with disabilities. This Act also requires the removal of architectural and communication barriers that are structural in nature in existing facilities. Removal must be readily achievable, easily accomplishable and able to be carried out without much difficulty or expense.

Section 504:

Section 504 of the Rehabilitation Act of 1973 prohibits discrimination in Federally assisted programs on the basis of handicap.

Architectural Barriers Act of 1968:

Federal and Federally-funded buildings and other facilities to be designed, constructed or altered in accordance with standards that ensure accessibility to, and use by, physically handicapped people.

Employment and Contracting

Equal Employment Opportunity, Executive Order 11246, as amended:

Prohibits discrimination against any employee or applicant for employment because of race, color, religion, sex or national origin. Provisions to effectuate this prohibition must be included in all construction contracts exceeding $10,000.

Section 3 of the Housing and Urban Development Act of 1968:

Requires that, to the greatest extent feasible, opportunities for training and employment arising from CDBG will be provided to low-income persons residing in the program service area. To the greatest extent feasible, contracts for work to be performed in connection with CDBG will be awarded to business concerns that are located in or owned by persons residing in the program service area.

Minority/Women’s Business Enterprise:

Grantees must prescribe procedures acceptable to HUD for a minority outreach program to ensure the inclusion to the maximum extent possible, of minorities and women, and entities owned by minorities and women, in all contracts.

Davis-Bacon and Related Acts:

Ensures that mechanics and laborers employed in construction work under Federally assisted contracts are paid wages and fringe benefits equal to those that prevail in the locality where the work is performed. This act provides for the withholding of funds to ensure compliance, and excludes from the wage requirements apprentices enrolled in bona fide apprenticeship programs.

The Contract Work Hours and Safety Standards Act (CWHSSA) This Act requires time and one-half pay for any overtime hours worked on the covered project.

Overtime hours is defined as hours worked in any one workweek in excess of 40 hours.

The Copeland Act (Anti-Kickback Act) This Act prohibits any employer from requiring a laborer or mechanic to kickback any part of their wages. In accordance with this Act, every employer (contractors and subcontractors) must submit weekly payrolls for review.

Fair Labor Standards Act:

Establishes the basic minimum wage for all work and requires the payment of overtime at the rate of at least time and one-half. It also requires the payment of wages for the entire time that an employee is required or permitted to work, and establishes child labor standards.

Conflict-of-Interest:

In accordance with 24 CFR 570.611, no person who exercises (or has exercised) any functions or responsibilities with respect to CDBG activities (or who is in the position to participate in decisions or gain inside information) may obtain a financial interest or benefit from a CDBG activity or have an interest in any contract, subcontract, or agreement for themselves or for persons with business or family ties.

Any questions regarding the above information can be directed to the DeKalb County Community Development Department, at (404) 371-2727.

TAX LIABILITY CERTIFICATION.

[This certificate applies to all contracts. Offers that do not include this completed certification will be rejected as nonresponsive.]

The Proposer certifies that:

1. It has no unpaid federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability;

2. It has not been convicted of a felony criminal violation under any federal law within the preceding 24 months; and

3. It shall require that the language of this certification be included in the award documents for all subcontractors and material suppliers at all tiers, and that all subcontractors and material suppliers shall certify and disclose accordingly.

The Proposer certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification. In addition, the Proposer understands and agrees that the provisions of 31 U.S.C. §§ 3801 et al. are applicable to this certification.

Company:

Name:

Title:

Signature:

Date:

DEBARMENT AND SUSPENSION CERTIFICATION.

[This certification applies to contracts and subcontracts in excess of $25,000 and all contracts and subcontracts for federally-required audits. Offers that do not include this completed certification, if applicable, will be rejected as nonresponsive.]

Check one box below (and provide explanation if necessary):

□ The Proposer certifies that the Proposer and its principals:

1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily or involuntarily excluded from covered transactions by any federal department or agency;

2. Have not, within the preceding three years, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction;

violation of federal or state antitrust statutes, including those proscribing price fixing between competitors, allocation of customers between competitors, and bid rigging;

commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; or commission of any other offense indicating a lack of business integrity or business honesty;

3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any offense described in Paragraph 2 of this certification;

4. Have not, within the preceding three years, had one or more public transactions (federal, state, or local) terminated for cause or default.

– OR –

□ The Proposer is unable to certify to all of the statements in this certification, and attaches its explanation to this certification. (In the explanation, the Proposer must certify to those statements that can be certified and explain why the other statements cannot be certified.)

The Proposer shall require that the language of this certification be included in the contract documents for all subcontractors and material suppliers at all tiers, and that all subcontractors and material suppliers shall certify and disclose accordingly.

The Proposer certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification. In addition, the Proposer understands and agrees that the provisions of 31 U.S.C. §§ 3801 et al. are applicable to this certification.

Company:

Name:

Title:

Signature:

LOBBYING CERTIFICATION.

[This certification applies contracts and subcontracts in excess of $100,000. Offers that do not include this completed certification, if applicable, will be rejected as nonresponsive.]

The Proposer certifies that:

1. No federal appropriated funds have been paid or will be paid, by or on behalf of the Proposer, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the Proposer shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

3. The Proposer shall require that the language of this certification be included in the contract documents for all subcontractors and material suppliers at all tiers, and that all subcontractors and material suppliers shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Per paragraph 2 above, complete and submit Standard Form–LLL, “Disclosure Form to Report Lobbying,” if applicable.

BUY AMERICA CERTIFICATION.

[This certification applies to contracts over $150,000 if they involve the purchase of iron, steel, manufactured goods, or rolling stock. Offers that do not include this completed certification, if applicable, will be rejected as nonresponsive.]

If this Offer is valued in excess of $150,000 and involves the procurement of steel, iron, or manufactured products (as defined in 49 CFR §§ 661.3 and 661.5), the Proposer hereby certifies that it:

□ Will comply with the requirements of 49 U.S.C. § 5323(j)(1) and the applicable regulations in 49 CFR part 661;

– OR –

□ Cannot comply the requirements of 49 U.S.C. § 5323(j) (and 49 CFR part 661) but may qualify for an exception to the requirements pursuant to 49 U.S.C. § 5323(j)(2), as amended, and the applicable regulations in 49 CFR § 661.7.

The Proposer also certifies that it shall require that the language of this certification be included in the contract documents for all subcontractors and material suppliers at all tiers, and that all subcontractors and material suppliers shall certify and disclose accordingly.

The Proposer certifies or affirms the truthfulness and accuracy of the contents of the statements

BUILD AMERICA, BUY AMERICA CERTIFICATION

(CONSTRUCTION MATERIALS).

[This certification applies to federally-funded infrastructure projects.]

The Proposer hereby certifies that it:

□ Will comply with the requirements of the Build America, Buy America Act, Pub. L. 117- 58, div. G, tit. IX, §§ 70911-70927 (2021), as implemented by the U.S. Office of Management and Budget, the U.S. Department of Transportation, and FTA, for construction materials used in the project.

– OR –

□ Cannot comply with the requirements of the Build America, Buy America Act, Pub. L. 117- 58, div. G, tit. IX, §§ 70911-70927 (2021), as implemented by the U.S. Office of Management and Budget, the U.S. Department of Transportation, and FTA, for construction materials used in the project, but it may qualify for an exception to the requirements pursuant to Section 70914(b) of the Build America, Buy America Act.

The Proposer also certifies that it shall require that the language of this certification be included in the contract documents for all subcontractors and material suppliers at all tiers, and that all subcontractors and material suppliers shall certify and disclose accordingly.